Basis for land allocation, land leasing, and permission to change land use purposes.

Article 116 of the 2024 Land Law stipulates the grounds for land allocation, land leasing, and permission to change land use purposes as follows:

1. The basis for allocating or leasing land through auction of land use rights is the document approving the results of the land use rights auction issued by the competent state agency.

2. The basis for allocating or leasing land through bidding to select investors for land-use projects is the document approving the results of the investor selection for projects where bidding is organized in accordance with the law on bidding.

3. The basis for allocating or leasing land without auctioning land use rights or bidding to select investors for projects using land; and permitting the change of land use purpose, except for cases specified in Clause 5 of this Article, is as follows:

a) For projects falling under the categories specified in point b, clause 3, Article 67 of this Law, the decision shall be based on the annual land use plan at the district level approved by the competent authority and the investment decision in accordance with the law on public investment or the decision approving the investment policy simultaneously with the approval of the investor or the decision approving the investor in accordance with the law on investment, the law on housing or the document approving the results of the investor selection for investment projects under the public-private partnership method.

b) For projects stipulated in Clause 4, Article 67 of this Law, the basis for approval shall be the investment decision in accordance with the law on public investment or the decision approving the investment policy simultaneously with the approval of the investor or the decision approving the investor in accordance with the law on investment, the law on housing or the document approving the results of the investor selection for investment projects under the public-private partnership method.

4. In cases where the decision or approval of the investment policy for a project includes phased progress or land acquisition, compensation, support, and resettlement according to a schedule, the competent state agency responsible for land allocation and leasing shall decide on the allocation and leasing of land according to the progress of the investment project and the progress of land acquisition, compensation, support, and resettlement.

5. The basis for permitting the conversion of agricultural land within residential areas, agricultural land within the same plot containing residential land to residential land, or the conversion of non-agricultural land other than residential land to residential land for households and individuals is the district-level land use plan or general plan or zoning plan as prescribed by law on urban planning that has been approved by the competent authority.

6. The basis for land allocation, land lease, and permission to change land use purposes in cases not subject to investment policy approval or investor approval under investment law shall be implemented according to the regulations of the Government.

7. The Government shall provide detailed regulations on land allocation, land leasing, and land use conversion.